CONTENTS
- 1. How the Client Came to the Jinju School Violence Attorney
- - The Client Who Requested the School Violence Attorney's Assistance
- - Laws Relevant to the Case, as Explained by the School Violence Attorney
- 2. The Jinju School Violence Attorney's Assistance
- - School Violence Attorney's Plea for the Greatest Possible Leniency
- 3. Result of the School Violence Attorney's Assistance: A “Protective Disposition”
1. How the Client Came to the Jinju School Violence Attorney
The client who consulted with the Jinju school violence attorney is a middle school student who, for an indecent act by compulsion and an assault, 🔗was reported for school violence and was facing trial, visited the Jinju office.
The Client Who Requested the School Violence Attorney's Assistance
This is the account of the client who requested the Jinju school violence attorney's assistance.
The client tripped a male student attending the same school, knocking him to the ground, and assaulted him by kicking his back and shoulders several times.
In addition, during a soccer match, he pulled down the victim student's pants and forcibly committed an indecent act against his body.
Ultimately, the client was reported for school violence by the victim student and, facing charges of an indecent act by compulsion and an assault, was about to stand trial.
Having committed serious school violence, the client was at risk of receiving a criminal disposition and the same criminal punishment as an adult.
Seeking to avoid a criminal disposition, the client entrusted the matter to the Jinju school violence attorney at Daeryun LLC.
Laws Relevant to the Case, as Explained by the School Violence Attorney
Disposition of a Criminal Juvenile (Aged 14 to Under 19)
▶ Disposition: both a protective disposition and a criminal disposition are possible
▶ Existence of a record: no criminal record when a protective disposition is received ×, a criminal record when a criminal disposition is received ○
Juvenile Act Article 32 (Decision on Protective Disposition)
① Where the juvenile court judge finds, as a result of the hearing, that a protective disposition is necessary, the judge shall, by decision, impose one of the dispositions falling under any of the following subparagraphs.
2. An order to attend a course
3. An order to perform community service
4. Short-term probation by a probation officer
5. Long-term probation by a probation officer
6. Entrustment to protective custody of a child welfare facility or other juvenile protection facility under the 「Child Welfare Act」
7. Entrustment to a hospital, sanatorium, or medical rehabilitation juvenile reformatory under the 「Act on the Treatment of Protected Juveniles, Etc.」
8. Referral to a juvenile reformatory for not more than one month
9. Short-term referral to a juvenile reformatory
10. Long-term referral to a juvenile reformatory
Indecent Act by Compulsion
A person who commits an indecent act against another person through violence or intimidation shall be punished by imprisonment for not more than ten years or a fine not exceeding 15 million won.
▶ Act on the Protection of Children and Youth against Sexual Abuse Article 7 (Rape, Indecent Act by Compulsion, Etc. Against a Child or Youth)
① A person who rapes a child or youth through violence or intimidation shall be punished by imprisonment for life or for not less than five years.
▶ Act on the Protection of Children and Youth against Sexual Abuse Article 8-2 (Sexual Intercourse, Etc. With a Child or Youth Aged 13 or Older and Under 16)
① Where a person aged 19 or older has sexual intercourse with a child or youth aged 13 or older and under 16 by taking advantage of the child or youth's distressed (窮迫) condition, or causes such a child or youth to have sexual intercourse with another person, the person shall be punished by imprisonment for a definite term of not less than three years.
2. The Jinju School Violence Attorney's Assistance
After understanding the case through a consultation with the client, the Jinju school violence attorney established a systematic strategy aimed at obtaining a protective disposition.
School Violence Attorney's Plea for the Greatest Possible Leniency
The Jinju school violence attorney earnestly pleaded for leniency for the client on the following grounds.
▶ That he sincerely apologizes to the victim he hurt and is making efforts toward a settlement
▶ That the client's guardian is showing a commitment to guidance so that such an incident does not occur again
▶ That the client committed the offense in this case because he is physically and emotionally immature
▶ That the client was an ordinary middle school student who is generally fond of his friends and has good relationships with peers
▶ That the client has no criminal record and no history of any delinquency whatsoever
3. Result of the School Violence Attorney's Assistance: A “Protective Disposition”
Accepting the arguments of the Jinju school violence attorney, the court issued a protective disposition rather than a criminal disposition for the client's charges.
If You Have Committed School Violence
If you have committed school violence and are facing a juvenile trial, a systematic response with the assistance of a specialized attorney is necessary.
This is because making an unfavorable statement during the investigation may result in a heavier disposition.
At Daeryun LLC, 🔗specialized attorneys who have served as members of a School Violence Committee accompany clients directly from the initial investigation through resolution, providing assistance so that clients can make favorable statements.
If you need to defend against a disposition in a situation similar to this case, we invite you at any time to request a consultation with the Jinju school violence attorney at Daeryun LLC.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
